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ZOA87-01 CITY OF FRIDLEY REZONINGPEQUEST ZOA + �7-O 6431 UNIVERSITY _ 1 FRIDLEY, MN 554: 6 EQUEST SAV + (612)571-3450 PLATTING REQUEST P.S. # REQUEST FEE PARK FEE RECEIPT # 3 SCHEDULED PLANNING OXZUSSION MEETING DATE 3 SCHEDULED CITY COUNCIL 1,EETING DATE PROPERTY INFORMATION PROPERTY ADDRESS 6501 E River Road, Fridley, MN 55432 LEGAL DESCRIPTION• /I// 1 23, & 24 p(a.5 V- fid/• LOT BLOCK 6 TRACT EDITION Fridley Park PRESENT ZONING R3 REQUESTED ZONING C2 REASON FOR REQUEST: A site plan showing the proposed future use is required for all rezoning. To expand present facility seventy Feet. FEE OWNER INFORMATION NAME (please print) Carl E Christensen PHONE # 427-1048, 571-1600 ADDRESS _156_84 Pottawatomi :1ve NW, ANdover, MN 55303 SIGNATiURE 6"- ' DATE 2/12/1987 *Note**** Contract********* * *** ''' * * 'fru *�F `* ' *'******** ******** f********* PETITIONER INFORMATION NMIE (please print) Christensen Auto Body, Inc. PHONE # 571-1600 ADDRESS6501 E River Road, Fridle N 55432 SIGNATURE 4"- c-� ~'c. ._ DATE 2/12/1987 ************************************************************************************ PLANNING C)Mf•iISSION APPROVED DENIED DATE CITY ODUNCIL: APPROVED DENIED DATE STIPULATIONS: The petitioner hereby understands that: 1. The City will notify all residents and owners of property within 200 feet of said property. 2. This application must be sided by all owners of the property, or an explanation given why this is not the case. 3. Responsibility for any defect in the proceedings resulting from the failure to list the names and address of all residents and property owners of property in question, belongs to the petitioner. 4. A scaled plan of proposed property and structure must be drawn and attached, showing the following: North direction Location of the proposed structure, and front and rear setbacks. Landscaping if appl ica bl e Street names Location and use of adjacent existing buildings within 350 feet. ue {■■■� ewLak - E`ll�.'rf{X`.,Yi.. _ ..ia•$1tr._.. _ „+a:r� k'H' - - f _ NO. 57971 DISTRICT COURT FILE No. '-o No. T-1125 gots 28 & 29) a 285 Lots 28 &, 29 Originally = Transfer from No. 51193 Lot=. 12 & 13 originally registered the 10th day of April 1941 Volume 4 � pag registered the 12th day of Ssitember 1966 Volume 95 page 56 State of Minnesota, ff, REGISTRATION County of Anoka } This is to certify that =art E. Christensen and Carol L. Christensen, as Joint tenants both residing at 6501 East River Road, in the City of Fridley, County of An_Ka and State of Minnesota are #r> now the owner of an ?state, to wit: in fee simple of and in the following described land, situated in the County of Ano, qt d State of Minnesota, to wit: Lots Twelve (12) and Thirteen. 13) , in Block Six (6) , Fridley Park, except that/Tying Northeasterly of the Following described line: Beginning at a point on the northwest line of said Lot Twelve (12) , distant 111.0 feet Southwesterly of the Northeast corner of said ; Lot Twelve (12) ; thence 'Sou-- easterly to a point on the Southeasterly line of said Lot Thirteen (13) , distant 110.0 feet Southwesterly h` of the Southeast corner of _:id Lot Thirteen (13) and there terminating, according to the plat thereof on file or of record in the ' office of the Register of Duds of said Anoka County. Lots Twenty-eight (28) and Twe-ty-nine (29) , Block Six (6) , Fridley Park, except that part of said Lots 28 and 29 described as follows: 2 Beginning at the Northeast =rner of said Lot 29, thence Southwesterly along the Northwesterly line of said Lot 29 to a point on said Y • Northwesterly line distant _ 8.5 feet Southwesterly of the Northeast corner of Lot 12, Block 6, Fridley Park, as measured along the Northwesterly line of said ---t 12 and the same as extended Southwesterl} to the Northeast corner of said Lot 29, and the Northwesterly line of said Lot 29; thence southeasterly parallel to the Northeasterly lines of Lots 12 and 13, Block 6, Fridley Par Lot a distance of 53 feet; thence Northeas_rly parallel to the Northwesterly line of said Lot 29 to the Northeasterly line of said Lot 28, Block 6, Fridley Park; thence Northw�_terly along the Northeasterly lines of said Lots 28 and 29 to the point of beginning, according to the map or plat thereof on file anc :f record in the office of the Register. of Deeds in and for Anoka County, Minnesota. ii Subject to the encumbrances, i,?ns and interest noted by the memorial underwritten or endorsed hereon; and subject to the following rights or encumbrances subsisting, as pr ided in Section 508.25, Minnesota Statutes namely: 1. Liens, claims or rights arising existing under the laws or the constitution of the United States; which this state cannot require to appear of record. .5 2. The lien of any real property c:--- or special assessment for which the land has not been sold at the date of the certificate of title. ;. Any lease for a. period not exuding three years when there is actuai occupation of the premises thereunder. E 3. All. runts in publ.c huhu%ays ~,. .. NO. DISTRICT COURT FILE No. Transfer from No. 41878 Originally registered the 10th day of April 1941 Volume 4 Page 285 County o iAneso a, } Jr. REGISTRATION This is to certify that Carl E. Christensen and Carol L. Christensen as joint tenants both residing at 6501 Eas; River Road in the City of Fridley, County of Anoka, and State of Minnesota are now the owner s of an estate, to wit: in fee simple of and in the following described land, situated in the County of Anoka and State of Minnesota, to pit: Lots Twenty-five (25) , Twenty-six (26) , and Twenty-seven (27) , in Block Six (6) , Fridley Park, according to the plat thereof on file or of record in the office of the Register of Deeds of said Anoka County. • Subject to the encumbrances, liens and interest noted by the memorial underwritten or endorsed hereon; and subject to thf -oil encumbrances subsisting, as provided in Section 508.25, Minnesota Statutes namely: 1. Liens, claims or rights arising or existing under the laws or the constitution of the United States, which this state cannot require to wear 3 -ecc 2. The lien of any real property tax or special assessment for which the land has not been sold at the date of the certificate of title. 3. Any lease for a period not exceeding three years when there is actual occupation of the premises thereunder. 4. All rights in public highways upon the land. `,%h.Ned. Form No. 29'M Mltltr•DrrH Co.,Minnt�polh ' Indl:dr&I to)olrt Tr (form Convg7ificirs lltnkr(RevItO 1471 lmbi2; Irnbenturt, .......... ................_...day off,-........_......Id........................................ 19............ betuwn...Melfbrd C. Christensen end Kthine O. Chrimtansen. husband and ....... ..._.. ..... ................_......................... .... ......._........................I............... wife, o the Count o Anoka f Minnesota iia j y 1....................................................................._...and State o .............................................................................., part........... i of the first part, a„d..CerI E. Christensen and Carol L. Christensen husband ............................... _ _.._._.._.........._.........__..............................t........................I.........._. once.-._wife..................... ............................. of the County of Anc;<a-. .... and State of .Minnes ............................................I parties of the second part, Witndtgrtt, 2 the said parti.e.a.of the first rt, in consideration of the sum of............ ............. „ One Dollar and other good-and valuable consideration - ................................ to .. ..thd partthe receipt w em ...... . in hand paid by the said parties of the second hereof is hereby acknoral- edged, do - hereby Grant, Bargain, Quitclaim, and Convey unto the said parties of the second part as Joint tenants and not as tenants in common, their assigns,the survivor of said parties, and the heirs and 1 arsigns of the survivor, rorever, all the tract....-.or parcel.-.... of land lying and bung in the County of 11 --------............._ADokq--_.-__.,_j-_.._.._..and State of Minnesota,described as follows,to-urt: Lots Twenty-one' (21), Twenty-two (22), Twenty-three (23) and Twenty-Four (24), Block Six' (6), FRIDLEY PARK, according to the plat thereof on File and of record in the office of the County Recorder in and For Anoka County, Minnesota, SUBJECT to easements of record. STATE OF . :;: =:�,.. DEPT.OF ff1(18SO18 =TAXATION_ STATE DEED TAX. $ 2.20 ti DEED-.' 0 Z• Z 0 STAMP auc Ire — TAX P511315 GRANTEES' NAMES AND ADDRESS: Carl E. Christensen and Carol L. Christensen 9950 Cottonwood Street N.W. Coon Rapids, MN. 55433 7f gS� i To Jijabt anb to]both for Oamr. Together with all t.te hereditaments and appurtenances there- unto belongtng or in anywise appertaining to the said parties of the seco?vl part, their assigns, the sur- vivor of sake;parties, and the heirs and assigns of the survivor,Forever,the said pasties of the second part taking as joint tenants and not as !enants in common. 3n Zt9timonp Mbertd, The said parE"Is..of the first part ha..ve....hereunto sd..th.ei,c................ hands...the day and year first above urritten. . Fi-i-istensen.-"' Katherine rlstsnsen 'i .............. ....:... ..1.G..�... (? , '014- G 1+ Form No.28-M—QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks(1978) Wile,(b is Co Id nneapoi-s Individual(s) to Corporation or Partnership No delinquent taxes and transfer entered;Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. , 19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $ 4. Date: ' 19 (reserved for recording data) FOR VALUABLE CONSIDERATION, Grantor(s), (marital status) hereby convey(s) and quitclaim(s) to Grantee, a under the laws of , real property in County, Minnesota, described as follows: A 7-foot snow storage and signage placEment easement described as follows: the westerly 7 feet of Lots 21 - 24, Block 6, Fridley Park. AND: A 35-foot triangular easement for public landscaping described as follows: beginning at the southwest corner of Lot 21, Block 6, Fridley Park; thence northerly along westerly line of said Lot 21 and its northerly extension a distance of 35 feet; thence deflect to the right in a southeasterly direction to its point of intersection with a point on the south line of said Lot 21, said point being 35 feet east of the point of beginning; thence west along said south line to the point of beginning. (if more space is needed,continue on back) together with all hereditaments and appurtenances belonging thereto. tn(i 1!x.1„ STATE OF MINNESOTA SS. COUNTY OF The foregoing instrument was acknowledged before me this day of by Grantor(s). NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK) ) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Tax Statements for the real property described in this instrument should be sent to(Include name and address of Grantee): I THIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS):', i . .�. . • �� i .. � . (Official Publication) PUBLIC HEARING BEFORE THE PLANNING COMMISSION NOTICE IS HEREBY GIVEN that there will be a Public Hearing at the Planning Commission of the City of Fridley in the City Hall at 6431 Uni- versity Avenue Northeast on Wednes- day, March 11, 1987 in the Council Chamber at 7:30 p.m.for the purpose of: Consideration of a Rezoning, ZOA#87-01,by Christenson Auto Body, Inc., per to rezone from R-3, General Multiple Dwelling, to C-2,General Business,on Lots 23 and 24 together with 112 vacated alley, Block 6, Fridley Park,according to the platthere- ofon file and of record in the office of the County Recorder in and for Anoka County, Minne- sota, the same being 6501 East River Road N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time andplace. STEVE BILLINGS Chairman Planning Commission (Feb.23&March 2,1987)-FRID .j ••�'_ rR r[ �' •jcIZO i ^ Au oe �` ! M ♦, h so a � M ! tt •+jr` � w4• ,� � ;��;: , •`'- >• � • ,,rl�� -.r•«• TH a ��' 'C,•� SY f \ , • ps 3 T M IV It y rV (ro) 3 VIt •° I k h I y f //!� � s (K) 14 16 w ate !L ic 1 i� sod 1 POO 0) 60) - — — -� , ;• -`c � � re ar` a .R Q n `�... . '' 11 n S t J 10 1110) 00 00 100 " t M � ✓ =1 l liCf t 1) lie ItH , 1 4�•- 1 _ J 1!i !. $ ,I► S7l AV 1 L� ' 13 LOCATION MA Pl ng_ February 19, 1987 IB LOU , 1 Council SP #87-03 MAILING LIST Page 1 of 2 ZOA #87-01 Christensen Auto Body Carl Christensen Shar-Ann Properties Michael Sichak 15684 Potawatcmi Avenue N.W. 3948 Central Avenue N.E. 71 - 65 1/2 Way N.E. Andover, MN 55303 Minneapolis, MN 55421 Fridley, MN 55432 Christensen Auto Body `- L Cirks Redeemer Lutheran Church 6501 East River Road N,E. 6551�aS 'v N.E, 61 Mississippi Way N.E. Fridley, MN 55432 F , Fridley, MN 55432 David Bender Gerald Paschke Robert Andres — 91 - 66th Way N.E. 6279 University Avenue N.E. 11i Missis ' ' P e"'� Fridley, MN 55432 Suite 202 F ' , MN 55432 ` Fridley, MN 55432 John Mehall -- ert Andres 80 - 66th Way N.E. Charles Sparks 33 - venue North Fridley, MN 55432 '''6'601 East_River Road N.E. An - Fri , MN 55431-'� Roger Nawrocki ert. Inc. 90 - 66th Way N.E. Tycon Management Inc. 137 Missis ce N.E. Fridley, NISI 55432 321 University Avenue SE Fr' , MN 554 Bryan Gerdin Minneapolis, MN 55414 Ch-Ox Properties Inc. 91 - 65 1/2 Way N.E. East River Road Corporation 13562 Highway 65 N.E. Fridley, MN 55432 6550 East River Road N,E. Anoka, MN 55303 Fridley, MN 55432 --Pree-S?p� Inc. Donald Johnson 157 MissiE. 6600 Hickory Street N.E. Klaus Freyinger . Fridley, MN 55432 1323 Bohland Place Fr' y, MN 55432 St. Paul, MN 55116 Richard Larson Ace Supply Co, Inc. 6580 Hickory Street N.E. Riverside Car Wash 3825 Edgewood Avenue South Fridley, MN 55432 6520 East River Road N.E. St. Louis Park, MN 55426 Fridley, MN 55432 Alfred Klous 5 William Corcoran 6544 Hickory Street N.E, ell Olehefske 111 - 64 1/2 Way N.E. Fridley, MN 55432 166 Ta ad; Fridley, MN 55432 Fri , 55432 j `, Eugene Hendricksen Charles Langer 6530 Hickory Street N.E, Michael Servetus Cemetary 2944 - 37th Avenue South Fridley, MN 55432 7170 Riverview Terrace N.E. Minneapolis, MN 55406 Fridley, MN 55432 Hendrickso Dallas Hansen >F *R Miss Place N.E. 6502 Hickory Drive N,E. Bruce Nordberg Fridley, MN 55432 6560 Hickory Street N.E. ey, MN 55 Fridley, MN 55432 and Lewascko 6 06 HickEdward oryDriveN,E, Franz Flath r 140 Missis _N.E. Fridley, MN 55432 6570 Hickory Street N.E. _..-� Y, MN 55432 Fridley, rte] 55432 Arlene Fernandes Lafond and Lewas 95 Mississippi Way N,E, Sylvia Youmansth�ue Fridley, MN 55432 81 - 65 1/2 Way N.E. FBlai; , Fridley, NSI 55432 Ic SP #87-03 Page 2 of 2 ZOA #87-01 Christenson Auto Body Murphy Oil Corp. 6485 East River Road N.E. Fridley, MN 55432 Murphy Oil Corp. 2005 Jefferson Street El Dorado, AR 71730 June Sakry 121 - 64 1/2 Way N.E. Fridley, MN 55432 John Kimbler 80 Mississippi Way N.E. Fridley, MN 55432 Leo Carda 6443 East River Road N.E. Fridley, MN 55432 LeRoy Erlandson 60 Mississippi Way N.E. Fridley, MN 55432 Z3 ow CrA (Z--c t-7 C Z 21 ebur �✓� �'1 Z l � Z 2. , J r e To -c- Z qZ- U -I_y zq pavlct�� Z� S-ava a e, j - O V 32- U DIVISION / C"OMBINATION REQUEST II Division Municipality FRIDLEY Date 05/ 16 / 88 �X Combination For taxes payable in 19 89 Fee owner: Carl Christensen Contract purchaser: Taxpayer name: Carl Christensen Address: 6501 East River Road NE Fridley., / 95412 PIN LOT BLK SUBDIVISION OR DESCRIPTION 15-30-24-13-0040 21 6 Fridley Park 15-30-24-33-0041 22-24 6 Fridley Park 15-30-24-13-0042 25-27 6 Fridley Park 15-30-24-13-0059 28-29 6 Fridley Park Note: If this is a request for a division of a tax parcel, the legal descriptions of the new parcels must be attached. El Fee owner 0Contract purchaser Note: If the request is by a contract purchaser, the applicant must already appear as the contract purchaser in the county tax records or a copy of the contract for deed must be attached. Checked for delinquent taxes by: Date: / / iArm �► CI YOF FRIMLY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(612)571-3450 June 3, 1988 Carl Christenson 6501 East River Road N.E. Fridley, MN 55432 RE: Rezoning, ZOA #87-01 at 6501 - 6509 East River Road N.E. Dear Mr. Christensen: Fhclosed you will find two documents which require your signature. The first is a snow storage/signage placement/public landscaping easement and the second is a division/combination form for Lots 21 - 29, Block 6, Fridley Park. As you recall, these documents were stipulated on your rezoning permit for 6501 - 6509 East River Road N.E. Please sign both these documents and return them to me as soon as possible. The easement must be signed by you and your wife and notarized by a notary public. Once I receive the documents, I will begin the process of recording them at the Anoka County Courthouse. Remember, a building permit cannot be obtained until I receive these documents along with the access and parking easement you are supposed to provide. I will review this item on June 13, 1988 and expect these documents to be signed and returned to me. If you have any questions, please contact me at 571-3450 x 168. Thank you in advance for your time and cooperation. Sincerely, �4 e Kathlyn Castle r Planning Assistant KC/dn C-68-234 PAYABLE 19M Paperwork Proof H Contract for D r —new Plat • M Division Warranty DAft Combination Quit Claim Weed _ v Add as Omitted / Request Date of Tiansfftr {' Other, specify Special Assessment Funds � + ► ► ► t ► I I t ► t I I ' ' 1 t t l t Plat Name: The following Parcels are now out: PIN (s) Key Deleted by Date 0 419AA9 LOO L13 I r I I I l l i IBJ W W 1�1 f l f I I W W W + + 1 1 1 I I t i ► I 1 I I I 1 + 1 I 1 I � I i � The new Parcels are: Added y ate 1 .I I I W W L1.J 1 i + i I l I I I + ► 1 1 1 1 ( 1 1 �_1J L._t_�J W t—LJ 1 1 1 l l I I I l 1 1 1 I I ! 1 ► i I � + ► � I I I I I 1 I I I L�1 L_1_I w i I 1 1 1 L i I I i I ! I I , I t ► t I I 1 1 1 c ! t I t 1 1 1 L 1 + W + +- I I I I I I I I l i I ( I I I ► 1 c I 1 + I I L I I 1 I I I 1 1 1 1 t i t L1J 1_LJ + ► 1 1 1 I I I I I I I l I i + L ► � ► I I 1_�! FC to Assessor I 1 FC from Assessor , I Date Completed tn90D Date to Auditor I ► I [ To Assessor Values Entered ,TAX DESCRIPTION PAY 19 Paperwork Proofed )5LL Pag Division, Combination -- [-] New Description"VI-roofed V6&,--,A .IN �2 2B . . n,-%2QQ RT DATE 91 0j/ 44 2#11 1('*t ,� !.�■ ice. i. I i I I I lex .� �. L 6 tnr 5 LCA I 1 10* A -1 l ►- .l 1 1 8 iln % L-4 2111- C/4 10 z A16 PL rj- 0-F,- Sd 9 ' iVit] •. U.' :, .: iI NW-14 11 121J. ' �. 1, I14 13 AW IVI I- I ._ NO■r/ 1 • I, �� 16 411. 1 1ZV' 4 IVI 1 11 15 1 1 1� 10. Al WA IV] I iW Ito 1 4110 1 1 N 1711,itILAft 6d I W-1 All, rin r- V I I leA d c, 19 ID161 A 20A A}►. all_ DIVISION / COMINATION REQUEST Division 1pmLcipality FRIDLEY Date 05/ 16 / 88 For taxes payable in 19 89 QCombination Carl Christensen Fee owner: Contract Purchaser: `- Cr r • �Z Carl Christensen Taxpayer name: r LO 6501 EastNE priAlmy, Address: o m rn IDT BLK SUBDIVISION OR DESCRIPTION PIN 15-30-24-13-0040 21 6 Fridley Park 15-30-24-33-0041 22-24 6 Fridley Park 15-30-24-13-0042 25-27 6 Fridley Park 15-30-24-13-0059 28-29 6 Fridley Park Note: If this is a request for a division of a tax parcel, the legal descrip of the new parcels must be attached. Fee owner oContract purchaser Note: If the request is by a contract purchaser, the applicant must already appear as the contract purchaser in the county tax records or a copy of the contract for deed must be attached. p Q� Checked for delinquent taxes by: Date: 71^ a v , . . . � �� R15 30 24 13 0040 �� *****ACCOUNT DELE-/ I��**** LOC 06501 E RIVER RD NE Cl[V 20 TDG 24014E 6 KEY 482436 MAILIN3 .ADDR-0E------- PCA 3415 PCS 4C YR 00 PARENT 0 C----TENEE"� CwAL � t CASOL MAP 55995 AREA FRO! JV 06 MTS q;o*-, CHRI67ENBEN CARL E SRI SP2 SP3 6501 E RIVER RD UTI UT2 SQ FT FRIDLEY MN 55432 AYB EY8 OBS VONST 0000 LAND 22100 IMP ' HER 107400 ----LEGAL DESCRIPTION---- TRUE MKT 129500 REA CLASSIFIED #ACR55995 0260 ASD LND 22100 ASD IMP 'ASD OTH 107400 #NK 1052997 * DESCRIPTION TAX YR CURRENT EXEMPT TAMABLE FRIDLEY PARK CITY OF ASSESSED 32697 3599 3599 FRIDLEY MIDSPLIT . LOT 21 , BLK 6, FRIDLEY SML BUS CR 3600 3600 3600 PARK / AREA WIDE 13515 1250 1250 1/2 TCC 3CC T2 ' = EXEMPTIONS SALE 06/01 PRICE ORB AFD QC LAS7 PCTIVITY 06/26/8E PCR N ' ` ' ' � - - R15 30 24 13 4041 *****ACCOUNT DELETED***** • LOC 6501 NE E RIVER RD CTY 20 TDS 240142 6 KEY 482445 ----MAILING ADDRLSS------- PCA 3415 FCS 4A YR PAREN7 C� GHR_STENSEN CARL E & CAROL MAP 55995 AREA FRC)1 –V �-)6 M"i G 9q'y CHR.I S'-ENSEN CARL E SF'1 SF•2 SF'! 6501 E RI RD UTi UT SQ FT FRIDLEY MN 55432 AYB EYE CBS CONST 0000 LAND 44300 IMF OTHER ----LEGAL DESCRIPTION---- TRUE MKT 443+00 REA CLASSIFIED #ACR55995 0290 ASD LND 44300 ASD IMF• ASD GTH #NK 1052997 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE FRIDLEY PARK CITY OF ASSESSED 12839 1646 1646 FRIDLEY MIDSPLIT LOTS 22, 2.3 & 24, BLK 6, � SML BUS CR FR l DLEY PARD.*.—T09ETHER WITH AREA WIDE 5307 6E�r EASEMENT OVER LOT 22 1/12 3CC FOR SEWER 8; WA" ER 3CC T2 FACILITIES— i E X E!-'!F'T I OI•dti A.._r 00--l"8J. PRICE 0R.B AFD G.rl-, ACTi`•.'I? Y _�.'i 06/x6 PCR N r � R15 30 24 13 0042 *****ACCOUNT DELETED***** � LOC 06509 RIVER RD ME C]FY 2{) TDS 24014B 6 KE'/ 82454 ADDRESS------- PCA_ 2f15 PCS 3DD YR 00 PEE':, 7 0 CHRIS7ENSEN CARL E & CAROL, MAP 55995 AREA FR()1 JV SP2 SP3 �CHRISTENSEW CARL E SP1 6501 E RIVER ROAD UTI UT2 SQ FT FRIDLEY MN 55432 AYB 1930 EYB 1947 OBS 0000 LAND 19100 IMP 27000 OTHER 300 ----LEGAL DESCRIPTION---- TRUE MKT 46400 REA CLAStIFIED #ACR55995 0320 ASD LND 19100 � ASD IMP 2� �0 ASD 0T 300 #NK 1052991 DESCRIPTION TAX YR CURRENT EXEMPT T -XABLE FRIDLEY PAW CITY OF ASSESSED 12712 1624 l624 FRIDLEY MIDSPLIT LOTS 25, 26 & 27, BLK 6, / SML BUS CR FRIDLEY PARK AREA WIDE . 1/2 3CC 3CC T2 ' � EXEMPTIO"S �ALE 0o/00 PRICE ORB AFD LAS� ACTIVITY 12/18/86 PCR N �� ^ r ~ ~ � � � R15 30 24 13 {«)59 *** DELETED***** �OC 00000 � , CT�/ �� 0S 24014B6 KEY S29651 ADDRE5S------- PCA 2105 PCS 4B YR B2 PARE�� -:2472 �HR�5EMSEN CAR'- E & C��ROL MAP 55995 AREA FR01 JV 06 q�=9 -+4�I� rEN�EN �H�L E & �AR3L Sp1 SP2 SP3 �50RIVER ROAD UT! UT2 ' FRIDLEY MN 55432 AYE-( EYE OBS 1C0NST 0000 LAND 11600 IMP OTHER ----LEeAL DESCRIPTION-- TRUE MKT 11600 REA CLASSIFIED .4PK 48247,2 482463 ASD LND 11600 ASD IMP ASD OTH #NK 1052997 DESCRIPTION TAX YR CURRENT EXEMPT T.�-XABLE LOTS 28 A, 29 BLK 6 FRIDLEY ASSESSED 4640 609 6()9 PARK EX THAT PRT THEREOF MIDSPLIT DESC AS FOL: BEG AT NE COR / Sl-.L BUS CR 3F 51) LOT 29 TH SWLY ALG AREA WIDE NWLY LINE OF SD LOT 29 TO A 1/2 3CC FT ON SD NWLY LINE 17B. 5 FT 3C T2 SWLY OF NE COR OF LOT 12 SD '-,LK 6 (AS MEAS ALG t,.WLY -----C O N T I N U E D----- "~ EMPTIONS 5A-LE ORE AFD WD LAcr ACTIVITY 06/27/86 PCR N ' ' - � � � �orc: STQ v�T vR � f SEM�..�� t<iir�•y �' .CBp y Z _ J 7'A14FfF CWS rA - R15 70 24 13 0064 LOC CTY 20 TDS 24014B KEY 1052997 ----MAILING ADDRESS------- FCA 9 b-- 3tf/.j RCS tvL YR 88 PARENT 4B2436 CHRISTENSEN CARL E & CAROL MAF 55995 AREA JV 06 MTG 0000 CHRISTENSEN CARL E SPI SP2 SP' 6501 E RIVER RD UTI UT2 SQ FT FR I DLE`r' MN 55472 AYS EYB OBS CONST 0000 LAND 97i IDD IMP — OTHER /9>2 MDd -----LEGAL DESCRIPTION---- TRUE Mk;T Z#4jJAroo REA CLASSIFIED #PK 482436 462445 462454 ASD LND ASU IMP ASD 0TH #PK 829651 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE LOTS 21 THRU 29 INCL BLK: 6 ASSESSED FRIDLEY PARK: EX THAT PRT MIDSPLIT OF ED LOTS 28 & 29 DESC AS SML BUS CR FOL: BEG AT NE COR OF SD AREA WIDE LOT 29. TH SWLY ALG NWLY 1/2 3CC LINE: OF ED LOT 29 TO A PT 3CC T2 ON ED NWLY LINE 17B. 5 FT SWLY OF NE COR OF L07 12 SD -----C 0 N T I N U E D----- EXEMPTIONS SALE 00/00 PRICE ORB AFD LAST ACTIVITY 09/01/88 PCR N R 1 C 7 j 24 13 070764 L E G A L M A I N T E N A N, C E LG k'EY 10752997 W=WFITE-NEW X=EXIT-NO-UPDATE N=NEW-LEGAL I=INSERT-BEFORE ACTION INSERT BEFORE LINE LEGAL 0000000000689C-46 1 #F*:: 4824776 482445 482454 2 #P 829651 LOTS 21 THRU 29 INCL BLK 6 4 FRIDLEY PARk::; EX, THAT PRT 5 OF SD LOTS 28 0, 29 DESC AS 6 FOL: BEG AT NE COR OF SD 7 LOT 7. TH aWLY ALG NWLY 8 LINE OF SD LOT 29 TO A PT 9 ON SMD NWLY LINE 178. 5 FT 107 SWLY OF NE COR OF LOT 12 SD 6 (AS MEAS ALG NWLY 12 LINE OF SD ' LOT 12 8. ITS 1- SWLY EXTN & NWLY LINE OF SD 14 LOT 29i . TH SEELY PRLLiW 15 HELY LINE OF 3L LOT 12, 5' 16 FT. 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A +a 1 I V •ti � k •�•+� ,, a„�... 1 _ _ t 13 119 Ira CORAISSION APPLICATION REVIEW Department Number File Date Meeting Date CITYOF Planning 8 2/13/87 3/11/87 FMDLEY File Address/Description ZOA #87-01 COMPLETE REVIEW CHECKLIST Christenson Auto Body - Rezone from R-3 to C-2 RETURN TO PLANNING f@DARYL COMMENTS C.c>.-uKc� E B B I E JIM DEBBIE /�� l �✓ /✓'�y v3^ L f !� , EJjOHN DEBBIE UDARREL DEBBIE ,CLYDE DEBBIE ,,JFMARK DEBBIE [LEON DEBBIE ;ter., ;�r � , , ��► '�{�; • tj 29 YOM oil a E . _ � �► ani %/moi. ��i�►�t � .- _ ot��oo�� , my ms Q� •�� ;:�i�.S�r�.��A %��'. , r . ..8�8►♦�♦♦♦♦♦�♦:moi♦i♦i sfNylit ►♦♦♦♦♦♦i♦♦♦♦♦♦♦ i i�%iii '� !J►M�• ' iiMINE40 IF 4v �� 'iii a�' �� . � c .►�.• t•o�♦♦♦ � MINE clip�� ♦ a ♦< ..♦ ♦♦♦ ♦ �.a• a��o�� .. �� moo rmmm .: , «.1 SU�i �Jl.•a �'•7R NNS i - i ' r� �h aN MISSISSIPPI .STR�E-r ZOA #87-01 3B z.,CYristensen Auto KeZWZty�„ !,ZW y C1�fyY�QiAa0 o.,-Wz jz} Maw$ EuF�luFeoS x�gxacxgwo oF�.S u,d;WoWa.u�v z �? ry" " pa- C-2- 1-0 ACC ORAD— `• � %�� h � moo., 15 Y a •~ r� .o/ \ Y. •r i 6 \ 0 oa a�-Y x V'N I r tcU /5 i i � It st *�r�"! ♦ A 4U, 1,� , ,a 9 It 40 � i r �,- a 1M 7 � *• 7 z� }, l pa x .rti. ..•. .aw' d. � ry - V } m O � o d a v nnrx AI.OIC.IZN 1 Fti9SF _ �i U � �I 4. L fir. -v � KH ••• - w_ iL lit Alt or L2J-� ��- _ > i g, -- I ' f I • � zoA #87-01 4F Christensen Auto 24 / PAR IP(r,; LOT �\ y3 fcpPosED 7 SIGN vI ILbME� ROAmD 5KOU FV 1--1 E 1<ASE NEWT t� r fALWIN& ExistiNG �••• EI`IEflt BUiL-oirv. 4 \ / *NORTH � --- ---- -- -- -------------- 4-6-87 -- NO SLALE KR ISS BIKEWAY WALKWAY rAsi MEfi1 (EXISTINb) ''J�"T�2wNb�e,KaeMs��t�• �ISSISSiPP� STR[E'f u��isT,�NsoN AUTO EASEMENTS ZOA #$7-01 4E J Christensen Auto h U _ `a � � Q Ii I I 4 !lY � J i i I I i I I i J i T i a 'I I � CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 11 , 1987 CALL TO ORDER: Chairperson Billings called the March 11 , 1987, Planning C mission meeting to order at 7:34 p.m. ROLL CALL: Members Present: Steve Billings , Dave Kondric , Dean Saba, Sue Sherek, Donald Betzold, Richard Sv da Members Absent Jim Robinson, Plannin oordinator Jock Robertson, Co nity Development Director Charles & Mirth ger, 6530 Hickory St. N.E. Edward Brooks, 506 Hickory St. N.E. Carl Christ en, 6501 East River Road Kenneth V 990 - 68th Ave. N.E. Dan Vos 990 - 68th Ave. N.E. Tom s, 990 - 68th Ave. N. E. APPROVAL OF FE ARY 25 1987 PLANNING COMMISSION MINUTES: :.."O TXVOIOCM�IVOTE, KONDRICK, SECONDED BY 115. SHEREf:, TO APPRD?'E THE FEB. 25, 1987, PLASSION MINUTES AS WRITTEN. UPO ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION .,,CARRIED UNANIMOUSLY. 1 . PUBLIC HEARING: CONSIDERATION OF A REZONING, ZOA #87-01 , BY CHRISTENSEN AUTO BODY: To rezone from R-3, General Multiple Dwelling, to C-2, General Business, on Lots 23 and 24 together with 1/2 vacated alley, Block 6, Fridley Park, according to the plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota, the same being 6501 East River Road N.E. MOTION BY MR. KONDRICK, SECONDED BY MS. SHEREK, TO WAIVE THE FORMAL READING OF THE PUBLIC HEARING NOTICE AND TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPEN AT 7:35 P.M. Mr. Robinson stated this petition for rezoning was in conjunction with the expansion of the existing Christensen Auto Body facility. The property was located on the northeast corner of Mississippi St. and East River Road. The entire property Mr. Christensen now owned included the existing Lots 21-24 plus an additional five lots that extended all the way to the southern end of the existing apartment complex. The property was presently zoned R-3, and Mr. Christensen was asking for the rezoning of only Lots 23 and 24 to C-2. PLANNING COMMISSION MEETING, MARCH 11 , 1987 PAGE 2 1 Mr. Robinson stated the rezoning history dated back to 1930 where there was a petition by fir. Christensen to rezone the entire first four lots. At that time, it was determined that only the first two lots should be rezoned. The first lot, Lot 21 ,.was rezoned from CR-1 to C-2, and the second lot, Lot 22, _was rezoned from R-3 to C-2. The remaining two lots were utilized by way of a special use permit for outdoor storage. Mr. Robinson stated Mr. Christensen was planning to add on to his existing structure which was 4,800 sq. ft. The new structure would consist of shop space and a two-story office building that would be in the north corner. The new structure was 7,343 sq. ft. There would also be a new storage yard and 27 parking stalls. Mr. Robinson stated Staff was recommending the following stipulations: 1. Petitioner to submit for staff approval a storm drainage plan by March 31 , 1987. City Council approval contingent upon Staff and R.C.W.D. approval of plan. 2. Petitioner to submit a landscape plan which is consistent with existing landscape elements. All landscaping to have automatic sprinkling. 3. Building facade to be consistent with design and materials of existing structure. East side of existing and proposed building to be painted to match stucco. 4. Lots 21 through 29 to be combined into one tax parcel prior to building permit. 5. Provide for County purposes a street easement along the west 7 ft. of Lots 21-29. 6. Nal fencing on easterly lot line to have finished side toward residences; existing fence to have new boards added to residence side. Mr. Betzold asked why the northern-most lots would remain R-3. Mr. Robinson stated that because the lots were zoned residential now, they felt it was in the best interest of the surrounding neighborhood to retain the residential zoning and utilize a special use permit to use the lots for storage of vehicles and parking area. This would allow the City and the neighborhood to retain some control over the use of that property should the property ever be sold to someone else. Mr. Svanda asked what the petitioner was doing to minimize any antifreeze leaks, from damaged cars. PLANNI14G C01111ISSION MEETING, MARCH 11, 1987 PAGE 3 Mr. Christensen stated they have never had that problem. The storage area will be all concrete and the backside of the lot will be curbed so there was no chance of anything draining onto the neighboring property. He stated that whenever a car comes in that is leaking antifreeze or oil , they imme- diately put an oil pan underneath it. He did not foresee any problems in the future. Mr. Christensen stated that regarding the stipulations, he had some reserva- tions about stipulation #5 which stated: "Provide for County purposes a street easement along the west 7 feet of Lots 21-29. " He stated he had just found out about this stipulation about 3:00 that afternoon, and he wanted to get more of an answer from the County as to why the County needed that 7 ft. when the County already has a 10 ft. easement. lie stated he had also just learned that the City wanted a 25 ft. easement -- the triangular piece of property on the corner. lie could understand that 25 ft. easement becuase if there was ever a sidewalk put in, the City would need that space to get around the corner. Mr. Kondrick asked why the County would be requesting a 7 ft. easement. Mr. Robinson stated there was actually more County right-of-way on the west side of East River Road than on the east side, and he believed the County wanted to balance that out. The County did not have any specific proposal for the 7 ft. easement at this time, but were just requesting the easement. More information could he obtained hefore the City Council meetinn. Mr. Ed Brooks , 6506 Hickory St. , stated he owned the two lots just east of Mr. Christensen. lie stated he was in agreement with everything being proposed by Mr. Christensen and with the stipulations proposed by City Staff. He liked the fact that the rezoning was only for Lots 23 and 24, and would not have been in favor of rezoning the northerly lots from R-3 to C-2. MOTION BY MS. SHEREK, SECONDED BY MR. KONDRICK, TO CLOSE. THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE PUBLIC HEARING CLOSED AT 8:00 P.M. MOTION BY MR. KONDRICK, SECONDED BY MR. BETZOLD, TO RECOMMEND TO CITY COUNCIL APPROVAL OF REZONING REQUEST, ZOA #87-01, BY CHRISTENSEN AUTO BODY, TO REZONE FROM R-3, GNENERAL MULTIPLE DWELLING, TO C-2, GENERAL BUSINESS, ON LOTS 23 AND 24, TOGETHER WITH 1/2 VACATED ALLEY, BLOCK 6, FRIDLEY PARK, ACCORDING TO THE PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RFCORDF,R Ill AND FOR ANOKA COUNTY, MINNESOTA, THE SAME BEING 6501 EAST RIVER ROAD N.E. , WITH THE FOLLOWING STIPULATIONS: 1. PETITIONER TO SUBMIT FOR STAFF APPROVAL A STORM DRAINAGE PLAN BY MARCH 31, 1987. CITY COUNCIL APPROVAL CONTINGENT UPON STAFF AND RICE CREEK WATERSHED DISTRICT APPROVAL OF PLAN. 2. PETITIONER TO SUBMIT A LANDSCAPE PLAN WHICH IS CONSISTENT WITH EXISTING LANDSCAPE ELEMENTS. ALL LANDSCAPING TO HAVE AUTOMATIC SPRINKLING. PLANNING COMMISSI01r MEETING, MARCH 11 , 1987 PAGE 4 ' 3. BUILDING FACADE TO BE CONSISTENT WITH DESIGN AND MATERIALS OF EXISTING STRUCTURE. EAST SIDE OF EXISTING AND PROPOSED BUILDING TO BE PAINTED TO MATCH STUCCO. 4. LOTS 21 THROUGH 29 TO BE COMBINED INTO ONE TAX PARCEL PRIOR TO BUILDING PERMIT. 5. PROVIDE FOR COUNTY PURPOSES A STREET EASEMENT ALONG THE WEST 7 FT. OF LOTS 21-29, AND A 25 FOOT TRIANGULAR PIECE OF PROPERTY ON THE CORNER OF MISSISSIPPI STREET AND EAST RIVER ROAD. 6. NEW FENCING ON EASTERLY LOT LINE, TO HAVE. FINISHED SIDE TOWARD RESIDENCES; EXISTING FENCING TO HAVE NEW BOARDS ADDED TO RESIDENCE SIDE. Mr. Svanda stated he would recommend that the Commission delete stipulation #5. regarding the 7 ft. easement being requested by the County. It was not part of the property fir. Christensen was going to be building on; and from looking at the drawing, it did not look like a significant amount of landscaping would be on the 7 ft. Between now and the City Council meeting, the County should come up with a reason to justify the 7 ft. easement. He stated he shared fir. Christensen's concern. It seemed that the County wanted something for nothing, and if the County really needed the property, the County should go through the proper procedures and purchase the property from fir. Christensen. He stated the stipulation could always be added in at the City Council meeting if there was reasonable justification for it. Mr. Kondrick stated he agreed with Mr. Svanda. There were other property owners north of fir. Christensen's property, and if the County needed a 7 ft. easement, the County would have to purchase the property from those property owners. By granting this easement, they were giving the County the right to take the property rather than purchase it. Mr. Betzold stated he was willing to go along with the County's request. He did not think it was an unreasonable request, but for reasons beinq discussed by Mr. Christensen and Planning Commission members, he would like the City Council to give this some further consideration. Mr. Billings stated he personally did not have a problem with leaving the stipulation in the motion or deleting it. On one hand, he did agree that just because Mr. Christensen was coming in for a special use permit and a rezoning, they were asking him to give up the use of 7 ft. of his property. On the other hand, whenever people come in with different requests, the City does ask them to dedicate easments, put in certain improvements, etc. , so he did not think it was unreasonable to request the triangular piece of property on the corner or the 7 ft. for the County. Mr. Kondrick stated he agreed with Mr. Betzold that the.decision should be left up to the City Council . Ike would like to leave his notion as stated. 140TION BY MR. SVANDA, SECONDED BY 1R. SABA, TO AMEND THE ABOVE MOTION TO DELETE STIPULATION #5 IN ITS ENTIRETY. (STIPULATION #5 TO BE BROUGHT TO THE ATTENTION OF THE CITY COUNCIL FOR THEIR CONSIDERATION.) PLANNING COMMISSION MEETING, MARCH 11 , 1987 PAGF 5 UPON A VOICE VOTE, SVANDA, SABA, BILLINGS, AND SHEREK VOTING AYE, BETZOLD _AND KONDRICK VOTING NAY, CHAIRPERSON BILLINGS DECLARED THE AMEND,'iSNT TO THE MOTION CARRIED BY A VOTE OF 4-2. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THF, ORIGINAL MOTION WITH THE DELETION OF STIPULATION #5 CARRIED UNANIMOUSLY. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #87-03, BY CHRISTENSEN AUTO BODY: Per Section 205.14.1 , C, 4, of the Fridley City Coce to allow a repair garage on Lots 23 and 24 together with /2 vacated alley, Block 6, Fridley Park; per Section 205.09.1/eq C10the Fridley City Code to allow exterior storage of materials nt on Lots 25 through 28 together with 1/2 vacated alley, Block Park; per Section 205.09. 1 , C,4, of the Fridley City Code, automobile parking lot on Lots 25 through 28 together with 1alley, Block 6, Fridley Park, except that part of said Lot 28, Blley Park described as follows: Beginning at the Northeast corner of29, thence South- westerly along the Northwesterly line of said L 29 to a point on said North- westerly line distant 178.5 feet Southwesterl of the Northeast corner of Lot 12, Block 6, Fridley Park, as measured a ng the Northwesterly line of said Lot 12 and the same as extended Southw sterly to the Northeast corner of said Lot 29, and the North/beginning, lin of said Lot 29; thence South easterly parallel to the Nortlines of Lots 12 and 13, Block 6, Fridley Park for a distance o - thence Northeasterly parallel to the Northwesterly line of said Lohe Northeasterly line of said Lot 2q, Block 6, Fridley Park; thenceterly along the Northeasterly lines of said Lots 28 and 29 to the poeginning, according to the map or plat thereof on file and of recordoffice of the Register of Deeds in and for Anoka County, Minnesota, being 6501 and 6509 East River Road N.E. MOTION BY MR. KONDRICK, SEC DED BY MR. SVANDA, TO WAIVE THE FORMAL READING OF THE PUBLIC HEARING NOTI E AND TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE,, ALL OTING AYE, , CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY THE PUBLIC HEARING OPEN AT 8:19 P.M. Mr. Robinson state this special use permit had three-fold uses : (1 ) for a repair garage; (2 for outside storage; and (3) for parking on residential land adjacent to the principle use. The special use permit was for Lots 23-28 and did not in ude Lot 29 which was a cemetery lot and did not need to be included. Mr. Robins stated Staff was recommending the following stipulations: 1 . Special use for repair garage is issued for repair and refurbishing of automobiles within the existing and proposed structure only. No outside work, other than moving of vehicles, is allowed outside the building on Lots 21-29. 2. Petitioner to install two new down draft filter systems to minimize odors from painting operations. PLANNI14G COMMISSION MEETING, MARCH 11 , 1987 PAGE 6 3. Hours of operation for repair garage activities limited to 7 a.m. to 6 p.m. , Monday through Friday, and 9 a.m. to 5 p.m. Saturdays. 4. Special use permit for repair garage is subject to approval of rezoning to C-2, general business, on Lots 23 and 24. 5. Special use for outside storage is issued for storagpe associated with the principle use on Lots 21 through 24 only,, or present and subsequent owners. i 6. Storage yard shall be fully screened with a s94id 8 ft. high cedar screening fence with opaque gates. Northerly ost gate to be closed when not moving vehicles. 7. Cars which are leaking fluids will be dr ined prior to storage. 8. Special use for vehicle parking is fo customer and employee parking associated with principle use on Lot 21-24 only for present and subsequent owners. No storage of maged cars or parts allowed outside of building or storage ya d. 9. Parking and storage area will constructed in a manner which respects the existing cemeter and saves all existing trees not located in future paved area . 10. Lot 29 to remain as green rea to provide buffering and an access easement to the cemetery 11 . Two driveways allowed nto East River Road only, others to be closed. Mr. Christensen stated he q estioned stipulation #3 regarding the hours of operation. He asked t1r. binson what the hours were that were stipulated in 1981 when he expanded is facility the first time. Mr. Robinson stated th t in 1981 , the hours were specified as 7 a.m. to 10 p.m. No days wer specified. t1r. Robinson stated he felt with the expansion of the fa lity and the fact that these were the existinq hours of operation that it eemed reasonable and good rationale to have these hours applied to the s cial use permit. Mr. Christense stated he did not want to be locked into those hours. lie stated many mes in the winter, they get so busy they have to work later hours and s etimes have to come in a little earlier in the morning. In order to s ay on a schedule for prepping, drying time, and painting cars , they som imes have to stay an hour or so later at night to get the car to the poi where it can dry overnight. He could not think of any time when lie has stayed open until 10 p.m. ; however, he has been open until 9 p.m. He wo Id like to have the flexibility to be able to stay until 10 p.n. if he uld need to in order to stay on production schedule. He didn't want to be put into the position where he would have to stop work when he only had 1 2-1 hr. of work left. He would like the stipulation to be amended to stay ,at the hours specified in 1981 . 2 RJBLIC HEARING BEFORE ZHE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, March 28, 1988in the Council Chamber at 7:30 p.m. for the purpose of: Consideration of a Rezoning, ZOA #87-01, by Christenson Auto Body, Inc. , to rezone from R-3 , General Mul tipl e Dwelling, to C-2, General Business, on Lots 23 and 24 together with 1/2 vacated alley, Block 6, Fridley Park, according to the plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota, the same being 6501 East River Road N. E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: March 16, 1988 March 23, 1988 r Arow OLANNING DIVIODN MEMORANDUM CITY OF FWDLLY MEND TO: Jock Robertson, Conununity Develognent Director City Council ' MEMS ERCH: Jim Robinson, Planning Coordinator MEMD DATE: March 31, 1988 REGARDING: Rezoning for Christensen Auto Body BACKGRCUND On March 11, 1987 a public hearing was held by the Planning Commission to review Carl Christensen's requrest to rezone Lots 23 and 24, Block 6, Fridley Park. Planning Commission recommended approval with six stipulations including a request for a street easements along the west seven feet on Lots 21 through 29 and a 25 foot triangular piece of property on the corner of Mississippi Street and East River Road. A public hearing was set for the City Council for April 6, 1987. At that time the petitioner requested the item be tabled in order to work out a concern regarding the street easement stipulation. Staff nas worked out a solution which is agreeable to the property owner and the County, whereby the petitoner would provide an easement for snow storage and sign placement along the west seven feet of Lots 21 through 29 in conjunction with the rezoning approval. The twenty-five foot triangular piece previously requested is not required for any pending street projects by the County, as per the County Engineer. Mr. Christensen has said tnat he would grant the City the 25 foot triangular easement for plantings and/or paving in conjunction with the rezoning approval. The stipulations have been revised to reflect this solution. Stipulation 8 has been added to provide safe and convenient access to the cemetary. The existing access easement will be olsolete after the detention pond is installed. In conjunction with the rezoning there are related special use permits and variances (see attached maps) which include: Special Use Permits: * for outside storage on Lots 25 - 28. * for a repair garage in C-2. * for parking on R-3 for principal use on adjacent lot for Lots 25 - 26. Variances: * reducticn of planting buffer between R-3 and R-1 zonings, frau 15 feet to 0 feet. * reduction of building setback adjacent to R-1 zoning, frau 50 feet to 11 feet. * reduction of planting buffer between C-2 and R-1 zonings, frau 15 feet to 0 feet. RECCHMENDATIO Staff recommends that the Council approve the first reading of the rezoning ordinance and special use permit with their attendant stipulations as well as the above described variances. JLR/dm M-88-65 COUNCIL MEETING OF AUL 6, 1987 2G . 9 Pointe Development; (30) Consideration of a temporary road on the Lake Pointe Development site; and (31) Apache Camping Center, 7701 East R' r Road, regarding trailers parked on this site. MOTION by Councilman Fitzpatrick to adopt the agenda wi he above additions. Seconded by Councilman Schneider. Upon a voi e, all voting aye, Mayor Nee declared the motion carried unanimously OPEN FORUM, VISITORS• Mr. Stan Leino, 7397 Memory Lane, sta a sent a letter to the City Manager regarding the car wash on Uni '' ity and 73rd Avenues. He stated he felt there was a safety problem exists at this car wash on Tuesday afternoons when there is a spe ' and a person can wash their car for 25 cents. He stated on Tuesd rom 3 to 5 p,m. , it creates chaos on the service road because of vehicles waiting in line. He stated he had no intention of putting owner out of business, but felt this is a safety pr obl en. Mr. Qureshi ty Manager, stated Mr. Leino's letter has been forwarded to the Publ ' orks and Police Departments for their response. P C HEARINGS: OF 1. CONSIDERATION OF A REZONING REQUEST, ZOA #87-01, TO REZONE FROM R-3, GENERAL MULTIPLE DWELLING, TO C-2, GENERAL BUSINESS, ON LOTS 23 AND 24 , TOGETHER WITH 1/2 VACATED ALLEY, BLOCK 6 , FRIDLEY PARK, THE SAME BEING 6501 EAST RIVER ROAD N E. , BY CHRISTENSEN AUTO BODY: NDTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:00 p.m. Mr. Robertson, Community Development Director, stated the petitioner and his attorney have requested the Council table any action on this item until the petitioner returns from his vacation and is able to work out some questions regarding the right-of-way. He stated the Council may want to review the facts of this rezoning request and hear any comments, but the public hearing should be continued. He also suggested the special use permit and variances related to this rezoning be tabled and considered at the same time as the rezoning request. No persons in the audience spoke either for or against this rezoning petition. NDTION by Councilman Fitzpatrick to continue this public hearing to May 4 , 1987. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OLD BUSINESS• ,,,,...•� 2. CONSIDERATION OF A SPECIAL USE PERMIT SP - EXTERIOR STORA E OF MATERIALS AND EQUIPMENT ON THE ET OF LOT 18, BLOCR 2, CENTRAL VIEW MANOR THE SAME CENTRAL AVENUE N E BY EDWARD AND ROSE _THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF APRIL 6, 1987 The Regular Meeting of the Fridley City Council was called to order at 7:50 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE• Mayor Nee led the Council and audience in the Pledge of Allegiance, to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Goodspeed, Counc' man Fitzpatrick, Councilwoman Jorgenson d Councilman Schneider ?'EMBERS ABSENT: None PROCLAMATIONS INTERNATIONAL YOUTH CULTURE EXCHAIr,7EPROGRAME S GROUP - JUNE 25-JULY 7. 1987: Mayor Nee read this proclamation w/Ne s Jame 25-July 7, 1987 as the week of the International Youth Culturee Program in recognition of the Angelettes Dance Group for beio represent the United States in a good will tour to Russia. Mesented the proclamation to members of the Angelettes Dance Grratulations were extended to them for receiving this honor. S L D 1 RE L - Mayor Nee read this proclamatio which proclaims the week of April 6-10, 1987 as School District No. 4 Appreciation Week in recognition of the School District' s accompli menta in serving the community and their reputation for excellence. Mayor Nee joined with the Council and citizens of Fridley in expressing atitude for the marry public services provided by the School District and nveyed best wishes for continued success. APPROVAL OF MINUTES: COUNCIL MEE7T MARCH 23, 1987: MOTION VOFAGENDA; lman Schneider to approve the minutes as presented. Secondeilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nd the motion carried unanimously. The ollowing items wereadded to the agenda : (29) Consideration of re iving memorandum from Raymond Haik dated April 1, 1987 'in regard to Lake -1- J FRIDLEY CITY COUNCIL MEFTIW OF MARCH 7. 1988 6. CONSIDERATION OFA REZONING ZOA 487-01, TO REZONE FROM R-3, GENERAL MULTIPLE I)WELLTNG, TO C-2, GENERAL BUSINESS, ON LOTS 23 AND 24 TOGETHER WITH HALF VACATED ALLEY. BLOCK 6, FRIDLEY PARK, ACCORDIW, TO THE PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE ()OUNrY RECORDER IN AND FOR ANOKA COUNTY, MINNESOTA. THE SAME BEING 6501 EAST RIVER ROAD N E , BY CHRISTENSEN AU'T'O DY: Mr. Robertson, (bmanLnity Development Director, stated a hearing on this rezoning was held on March 11, 1987 before the Planning Commission and they recommended approval with several stipulations. He stated a public hearing was scheduled before the Council for April 6, 1987, however, the petitioner requested the item be tabled in order to work out a concern regarding the stipulation for a street easement. He stated this concern has been addressed and the petitioner wishes to proceed with the public hearing before the City Council. NDTION by Councilman Fitzpatrick to set the public hearing on this proposed rezoning for March 28, 1988. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. CONSIDERATION OF AN EXTENSION OF A LOT SPLIT, L.S. #87-03, BY BERNADETTE BENSON OF MIDWEST SUPER STOP: Mr. Robertson, Community Development Director, stated the petitioner has requested a three month extension from this date in order to record a lot split, L. S. #87-03, approved by Council on June 1, 1987. He stated it is suggested this extension be approved, with the following stipulations: (1) execute and return street easement agreement (17 feet along East River Road) prior to recording lot split; (2) provide dumpster screening prior to recording lot split; (30) provide hedging along Fairmont Street with edging, weed barrier and mulch prior to recording; and (4) subdivide parcel to be added to residential lot to west concurrently with recording. MOTION by Councilman Fitzpatrick to ap-pprove a three month extension of Lot Split, L. S. #87-03, to June 7, 1988 with the following s -ipulations: (1) execute and return street easement agreanent (17 feet along East River Road) prior to recording lot split; (2) provide dumpster screening proir to recording lot split; (3) provide hedging along Fairmont Street with edging, weed barrier and mulch prior to recording; and (4) subdivide parcel to be added to residential ,lot to west concurrently with recording. Seconded by Councilman Schneider. Leon a voice vote, all voting aye, rayor t+ee declared the motion carried unanimously. 8. CONSIDERATION' OF REVISED COMPREHENSIVE SIGN PLAN FOR RIVERBOAT PLAZA, 7899 EAST RIVER�ROAD• Mr. Robertson, Community Development Director, stated the petitioner, Mr. Klus ><s appealing the Council' s action on this shopping center' s sign plan whir3i was approved by Council on July 20, 1987. Be stated because the ice that this item would be on the Council's agenda went to the shopping enter's address and not Vr. Klus' residence or business, Mr. Klus felt this -11- FRIDLEY CITY COUNCIL MEETING OF MARCH 7. 1988 didn't constitute official notification. W. Robertson stated Mr. Rlus has requested that the porta-panel be included as part of the permanent sign plan and this feature of the plan was deleted by the Council at the July 20, 1987 meeting. He stated the original building permit for this shopping center was issued about ten years ago and contained 14 stipulations, two of which haven't been completed. He stated staff is recommending no changes in the Council' s approval of the' sign plan and to add the requirement that a bond or letter of credit for $2,000 be submitted by April 1, 1988 and the landscaping be completed by June 30, 1988. Mr. Flus, owner of the Riverboat Plaza Shopping Center, stated he received a call from Daryl Morey requesting a sign plan be submitted. He stated he complied and was advised this was a housekeeping item. He stated he received no notification and didn' t know the sign plan was before the Council. Mr. K1us stated he purchased this center in 1986 and did a title search and found no requirements for a comprehensive landscaping plan. He stated he did not know why he had to complete landscaping in order to obtain a sign permit. He stated he is not unwilling to do some landscaping, but did not want to purchase another sign. Mr. Flus stated the porta-panel sign referred to by the City staff he refers to as a free standing sign. He further stated that this evening was the first he had heard about a $2,000 bond. Mr. F].uLG stated he would like the Council to reconsider approval of the sign plan as sukmitted and he would work out an acceptable landscaping plan with staff. He stated the free standing sign is very important to his tenants. Mayor Nee stated the landscaping requirement was part of the building permit and there was gross negligence on the part of the previous owner. He stated he didn't know why Ns. Flus' search wouldn't have shown that as part of the building permit stipulations. Mayor Nee stated the use of a porta-panel sign is allowed up to three times per year per business for non-consecutive ten day periods. Mr. Flus stated he feels this is a, free standing sign and not a porta-panel sign. He stated it is anchored and not on wheels. Councilman Schneider asked the square footage of the pylon sign and the port-a-panel sign. Mr. Robertson stated the pylon sign is 64 square feet and the porta-panel sign is 32 square feet. Councilman Schneider stated the code requirement is not over 80 ware feet so these two signs combined are over the cede requi.renents. Councilmen Fitzpatrick stated he thinks it is only fair that the petitioner and staff know his interpretation is that the sign is a porta-panel sign. f Mrbertson stated if the petitioner desires a ruder board, it could be ino)rporated with the pylon sign. He stated the code requires a free -12- FRI= QTY COUNCIL MEETING OF MARCH 28, 1988 there is no outlet for the system. He stated if the syst is designed properly for Stinson Boulevard, it should be at least four f t deep with an outlet to connect to the New Brighton system. Councilman Billings stated his concern is that water doesn' t drain through Mr. Wager's hone. He asked if the final plans are worked out. Mr. Flora stated the City does not have the final drawings at this time. Councilman Schneider stated he would propose that./$15, 000 from the City' s storm sewer fund be dedicated for a period of up/to five years for drainage Problems which may occur as a result of errors the drainage plan and/or engineering. Councilman Billings asked Councilman Schneider if he wasn't ccunfortable with the drainage plans because he hasXseene final plans. Councilman Schneider stated in paes with holding ponds, there always leans to be a problem. Hehe City approves the drainage plan and it doesn' t work, the Citrect the problem. Councilman Billings stated he isout the drainage and felt it should be correct when the plan iHe felt this item should be tabled until the Council receives the final drainage plans. Councilman Schneider stated ever_ when the final drainage plan is submitted, he is not sure it would chane his position since he is very concerned about any holding ponds as he felt they haven't worked in the past. Mr. Qureshi stated stip tion No. 4 provides for storm sewer assessments and this should cover problems should they arise. Mayor Nee stated thi is an issue whether or not the drainage system will work. He stated he dannot see the general taxpayers paying to guarantee the plan. Ix. Harvey Wage 5940 Stinson Boulevard, stated there is a six inch corrugated cul rt carving out of the catch basin on the west side of Stinson Boulevard. H stated he installed it and the pipe canes within five feet of the retaini g wall of his garage. He stated he installed a four inch plastic pi back to the corner and made a catch basin 12 to 14 inches deep. He stated t has about a three inch fall frau. the pond to the catch basin to the st eet to the east. Mr. Wager stated he didn't think there was room for a c t spillway. A pipe will be needed part of the way and if this is done, will be flooded. He felt the pipe should be located close to where it is He stated there is a deeper area, but there isn' t any fall in order for the water to get out to the street. Couacilman Billings stated there is only a three foot fall fran the back of NSr�/Wager's door to the bottan of the ditch. i I Qureshi asked the depth of the catch basin on the east side of Stinson i -7- FRI= CIW CX7UNCIL MEETING OF MARCH 28, 1988 Boulevard. Since this question could not be answere Qureshi stated this item could be tabled to the next meeting guarantees the Council will have all the information needed on ainage. MOTION by Councilman Schnei o continue this public hearing to April 4, 1988 and direct staff back with additional drainage information and proposal on how c ections would be made, if there are errors in the plan. Seconded ilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor declared the motion carried unanimously. 2. CONSIDERATION OF A REZONING, ZOA #87-01, TO REZONE FROM R-3 , GENERAL MULTIPLE DWELLING, TO C-2, GENERAL BUSINESS, ON LOTS 23 AND 24, TOGETHER WITH HALF VACATED ALLEY, BLOCK 6, FRIDLEY PARK, ACCORDING TO THE PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER IN AND FOR ANOKA Q7UN!'Y, MINNESOTA, THE SAME BEINr, 6501 EAST RIVER ROAD N.E. , BY CHRISTENSEN AUTO BODY: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:58 p.m. Mr. Robertson, Community Development Director, stated the Planning Ccomission reviewed this rezoning request at their March 11, 1987 meeting and reconmended approval to the Council with stipulations. He stated this item was tabled by the Council on April 6, 1987 at the request of the petitioner, Mr. Christensen, in order for him to work out some questions regarding the right-of-way. Mr. Robertson stated the petitioner would provide an easement for snow storage and sign placement along the west seven feet of Lots 21 through 29 for County purposes. He stated the triangular piece previously requested is not required by the County. He stated should the City decide to implement urban design standards. Mr. Christensen stated he wouldn' t be opposed to granting any easement for plantings or paving. He stated the stipulations have been revised to reflect this compromise. r1r. Robertson stated in conjunction with this rezoning request, there are some related requests for special use permits and variances. He stated the special use permits are for outside storage on Lots 25 - 28, a repair garage in C-2, and parking on R-3 for principal use of adjacent lots for Lots 25 - 28. Mr. Robertson stated the variances are for reduction of planting buffer between R-3 and R-1 zonings from 15 to 0 feet, reduction of building setback adjacent to R-1 zoning from 50 feet to 11 feet, and reduction of planting buffer betwen CL2 and R-1 zonings from 15 feet to 0 feet. He stated the special use permits and variances would be considered at the time of first reading of the rezoning ordinance. Councilman Fitzpatrick asked about the bikeway/walkway. Mr. Robertson stated the bikeway/walkway could be installed in the right-of-way. He stated the question is if there is enough man for snow storage. -8- FRIDLEY CITY COUNCIL MEE'T'ING OF MARCH 28, 1988 Mr. Flora, Public Works Director, stated the County proposes to install the bikeway/walkway on the west side of East River Read and didn't make an issue of an easement on the east side. Mr. Richard Kemper, 7857 Alden Way, member of the Unitarian Church, stated his only concern is the easement that currently exists on the north side of the green area leading to the cemetery. He asked what impact this rezoning would have cn the easement. Mr. Robertson stated a stipulation of the special use permit is that the parking and storage area be constructed in a manner which respects the existing cemetery and saves all existing trees not located in the future paved area. Mx. Kemper stated there is a boundary between the cemetery and storage area and asked if there would be changes from what now exists. Mr. Robertson stated he didn' t believe there would be any major charge, except the addition of a fence. br. Christensen stated in the area between the cemetery fence, there is about six feet they would not touch and leave Lot 29 carpletely alone so it shouldn't affect the cemetery at all. No other persons in the audience spoke regarding this proposed rezoning. MO`T'ION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9 :08 p.m. OLD BUSINESS: 3. CONSIDERATION OF REVISED COMPRE=SIVE SIGN PLAN MR RIVERBOAT PLAZA, 7899 EAST RIVER ROAD N.E. (CON'T'INUED FROM 3/7/88) : Mr. Robertson, Community Development Director, stated the owner of the Riverboat Plaza Shopping Center appeared before the Council on March 7, 1988 to appeal the Council' s decision on the comprehensive sign plan approved July 20, 1987. He stated the Council approved this sign plan with deletion of the reader board and a stipulation that, ture sign permit approval be based on the implementation of the landscape plan. He stated Council has decided the landscape stipulation should be deleted as part of the approved sign plan since it has no relevan to signage. Mr. Robertson stated staff worked with Mr. Klus and is recommending the reader beard be regulat as a temporary sign per the ordinance. He stated the ordinance states that temporary signs are allowed three times per year per business for nonconsecutive 10 day periods. He stated the portapanel has been used shopping center's seven businesses for approximately 90 days this yezw. He stated, as a whole, the shopping center could use a temporary sign for up to 210 days per year, therefore, there are about 120 days left� in the year for a permitted temporary sign. Mr. Robertson stated staf -is reca�nding that each tenant be allowed to use a temporary sign -9- x MIDLEY CITY COUNCIL MEETING OF MARCH 28, 1988 two more times this year for nonconsecutive 10 day periods. He stated staff , feels the sign should be removed frau its implanted state by April 15, 1988 to make it actually portable. Mr. Robertson stated landscape options were also discussed with Klus. He stated Mr. Klus can implement the present landscape plan app rov in 1978 or another plan designed by the City. Mr. Robertson stated Mr. us would have bids on each plan and determine which will be inplemented. Councilman Fitzpatrick stated his concept of a portable sign is a sign that canes and leaves the premises. He stated it never occ ed to him that seven businesses in a store front arrangement would each it for a 10 day period as many as three times a year to bring the total o 210 days of use. Councilman Schneider stated the reader board was to just a temporary sign and no case envisioned a shopping center could have eral there almost all the time. Mr. Herrick, City Attorney, stated f rom the e f orcement standpoint, the simplest way is not to permit them at all. e stated if they are to be permitted, then the question must be address how often they can be used and if uses are based on the premises or n r of tenants. Mr. Klus stated he did some research and found he doesn' t own the reader board at the shopping center. He stat the sign can be lifted and moved. He stated his tenants have taken ou a permit for this sign and he has advised them when this permit expir s, they are to remove it. Mr. Klus stated the reason this reader boar sign was used was because the power was disconnected from the pylonsign which he was not aware. Mr. Klus stated the pylon sign reforms to the ordinance and a determination will be made if it is cost of ective for the reader board information to be placed on the existing sign s the cost would be about $3,000. Mr. Klus stated he is in e process of obtaining bids for the landscaping and will decide which p an to implement when these bids are received. MGFION by Councilman itzpatrick to approve the comprehensive sign plan for Riverboat Shopping ter, 7899 East River Road, as shown on Page 3C of the agenda, with th deletion of the words "plus the detachedseparate reader-board si " under Section A-1 and deletion of Section A-2 pertaining to the use of e reader-board sign. Seconded by Councilman Schneider. Upon a voice ote, all voting aye, Mayor Nee declared the motion carried unanimously Counci Fitzpatrick felt staff and the City Attorney should bring back i fornia on as to whether or not the reader board or portapanel signs should be pe tted. Co oilman Schneider stated he would concur, however, he felt the City needs t not only address portable signs, but other items used in promotions such s banners, balloons, etc. -10- FRIDLEY CITY COUNCIL MEETIM OF APRIL 4, 1988 Costello house parcel equals 17) . Seconded woman Jorgenson. Upon a voice vote, all voting aye, ee declared the motion carried unanimously. 4. CONSIDERATION OF FIRST READING OF AN ORDINANCE APPROVING A REZONING, ZOA #87-01, TO REZONE FROM R-3, GENERAL MULTIPLE, TO C-2, GENERAL BUSINESS, ON LOTS 23 AND 24 TOGO= WITH HALF VACATED ALLEY, BLOCK 6, FRIDLEY PARK, THE SAME BEIM 6501 EAST RIVER ROAD N.E., BY CHRISTENSEN AU'T0: W. Robertson, Ca munity Development Director, stated there has been some concern regarding the amount of easement provided for the landscaping or the corner. He stated the Planning Ommission originally recommended 25 feet and when the landscaping was completed, staff recommended this should be increased to 35 feet. Mr. Christensen, the petitioner, stated the request for a 35 foot easement for landscaping was brought to his attention today. He stated he has a concern regarding his sign placement as it abuts the triangle. Dr. Herrick, City Attorney, stated he didn' t believe the sign was incompatible with the landscaping easement and that it shouldn' t be a problem. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading with the following stipulations: (1) petitioner to submit a storm drainage plan for staff approval with Council approval contingent upon staff and Rice Creek Watershed District approval of plan; (2) petitioner to submit a landscape plan which is consistent with existing landscape elements. All landscaping to have automatic sprinkling; (3) building facade to be consistent with design and materials of existing structure. Fast side of existing and proposed building to be painted to match stucco; (4) Lots 21 through 29 to be combined into one tax parcel prior to building permit; (5) new fencing on easterly lot line to have finished side toward residences; existing fencing to have new boards added to residence side; (6) petitioner to supply a seven foot easement all along East River Road for the purposes of snow storage and signage placement prior to publication of rezoning ordinance; (7) petitioner to supply a 35 foot triangular easement at the corner of Mississippi Street and East River Road for public landscaping and/or other urban design improvements prior to publication of rezoning ordinance; and (8) provide appropriate acc6ss and parking easements to accommodate cemetery visitors. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. CONSIDERATION OF A VARIANCE, VAR #87-05, TO REDUCE THE SETBA M A RESIDENTIAL DISTRICT BOUNDARY LINE FROM 50 FEET TO 11 TO ALLOW AN EXISTING BUILDING, ALONG WITH ITS EXPANSION, TO COWITH CODE; TO REDUCE THE SCREENING STRIP BETWEEN AN R-1, SI AMILY AND AN R-3, GENERAL MULTIPLE DISTRICT FROM 15 FEET TO T; TO REDUCE THE SCREENING STRIP BEIWEENN AN R-1, SINGLE FAMILY A C-2, GENERAL BUSINESS DISTRICT FROM 15 FEET TO 0 FEET, THE SA.WrSfING 6501 EAST RIVER ROAD N.E. , BY CHRISTENSEN AUTO: -15- FRIDLEY CITY COUNCIL MEETING OF APRIL 4, 1988 Mr. Robertson, Ca munity Development Director, stated these three variances are requested for the property at 6501 East River Road, Christensen Auto Body. He stated the variances are to reduce the setback from a residential district boundary line from 50 to 11 feet; to reduce the screenin,g strip between an R-1 and R-3 district from 15 to 0 feet; and to reotce the screening strip between an R-1 and C-2 district from 15 to 0 eet. He stated the hardship cited was the narrowness of the lot makes it economically unfeasible to develop lots with setbacks, and,the existing building is presently set back 11 feet from th/Sonded lin . Mr. Robertson stated the Appeals ComLission res ariance request on March 3, 1987 and recommended approval of tes. MDTION by Councilman Fitzpatrick to grant thess, VAR #87-05, for Christensen Auto Body, 6501 East River Roaded by Councilman Schneider. Upon a voice vote, all voting aye, declared the motion carried unanimously. 6. CONSIDERATION OF A SPECIAL USE PERMIT, SP #87- OW A RE PAIR GARAGE ON LOTS 23 AND 24 TOGETHER WITH HALF VACATED , BLOCK 6 , FRIDLEY PARK; TO ALLCW E=RIOR STORAGE OF MATERIALS AND EOUIPY= ON LOTS 25 THROUGH 28 TOGETHER WITH HALF VACATED ALLEY, BLOCK 6, FRIDLEY PARK; TO ALLOW AN A Mfl UBILE PARKING LOT ON LOTS 25 THROUGH 28 TOGETHER WITH HALF VACATED ALLEY, BLOCK 6, FRIDLEY PARK, EXCEPT THAT PART OF LOT 28, BLOCK 6 , FRIDLEY PARK, THE SAME BEING 6501 EAST RIVER ROAD AND 6509 EAST RIVER ROAD, BY CHtI STENSEN AUM: : Mr. Robertson, Community Develo ent Director, stated this special use permit involves allowing a repair garage, with exterior storage of materials and equipment, and allowing an tomcbile parking lot on residential land adjacent to the principal use. He stated the special use permit involves Lots 23 through 28, but not 29 which is used for a cemetery. Mr. Robertson stated the ng Commission at their March 11, 1987 meeting reconviended approval of t is special use permit with 11 stipulations as shown on Page 6F of the genda. NDTION by Councilman tzpatrick to grant special use permit, SP #87-03, with the foll aving tipulations: (1) special use for repair garage is issued for repair d refurbishing of automobiles within the existing and proposed structur only. No outside work, other than moving of vehicles, is allowed outside the building on Lots 21-29 ; (2) petitioner to install two new down draft ilter systems to minimize odors from painting operations; (3) hours of ration limited to 7:00 a.m. to 10:00 pm. subject to review by Planning ssion should there be neighborhood complaints; (4) special use permit or repair garage is subject to approval of rezoning to C-2, General B iness, on Lots 23 and 24; (5) special use for outside storage is issued f storage associated with the principal use an Lots 21 through 24 only fo present and subsequent owners; (6) storage yard shall be fully scr ' with a solid eight foot high cedar screening fence with opaque gate . Northerly most gate to be closed when not moving vehicles; (7) cars w ' h are leaking fluids will be drained prior to storage; (8) special use -16- FRIDLEY CITY ODUNCIL MM7ING OF APRIL 18, 1988 notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 9 :15 p.m. Mr. Robertson, Community Development Director, stated the Planning Cannission reviewed this request in January and supported this vacation. He stated at the time this request was submitted tote Council, there was concern if there would be confusion over a change in the service road so barriers were set up to test the traffic pattern He stated the City has received no catments or canplaints since these iers were established on Duch 1. Ms. Gibson, 1255 66th Avenue, stated the son she has not canplained about the road being blocked was becaus she thought it was a temporary inconvenience due to the renovation the Shorewood Plaza Shopping area. She stated she had no idea it was ing blocked to determine if it was being used or if people would canplain about this loss. Ms. Gibson felt if people were aware of wry, it was being blocked in the first place, probably the City would have received more canplaints. Councilwoman Jorgenson stated there are some planned improvements for the intersection and the mad' ' would be closed. Ms. Gibson was aske her feelings as far as vacation of the road. She stated it would not a big deal, however, she just wanted to ca ment that people were not re of the true purpose for which it was blocked. Mr. Flora, Pub c Works Director, stated that if the Council supports the recarmendatio of the Planning Cunrdssion with the four stipulations, the Council s also indentify this property as excess to the City' s needs and provide f the transfer to the Shorewood Plaza Partnership. M TION Councilman Schneider to close the public hearing. Seconded by Coun lwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee dec red the motion carried unanimously and the public hearing closed at 9 • P.M. LD BUSINESS: 3. ORDINANCE NO. 903 APPROVING A REZONING, ZOA #87-01, TO REZONE FROM R-3, GENERAL MULTIPLE, TO C-2, GENERAL BUSINESS, ON LOTS 23 AND 24 TOGETHER WITH HALF VACATED ALLEY, BLS 6, FRIDLEY PARK, THE SAME BEING 6501 EAST RIVER ROAD N.E., BY CHRISTENSEN AUTO: NXION by Councilman Fitzpatrick to waive the second reading and adopt Ordinance No. 903 on second reading and order publication with the following stipulations: (1) petitioner to submit for staff approval a storm drainage plan by April 13, 1987. City Council approval contingent upon staff and Rice Creek Watershed District approval of plan (under review) ; (2 ) petitioner to submit a landscape plan which is consistent with existing landscape elements. All landscaping to have automatic sprinkling; (3) building facade to be consistent with design and materials of existing -3- i • FRIDLE'Y CITY CL7UNCIL MEETING OF APRIL 18, 1988 structure. Fast side of existing and proposed building to be painted to match stucco; (4) lots 21 through 29 to be combined into one tax parcel prior to building permit; (5) new fencing on easterly lot line to have finished side toward residences; existing fencing to have new boards added to residence side; (6) petitioner to supply a seven foot easement all along East River Road for the purposes of snow storage and signage placement prior to publication of rezoning ordinance; (7) petitioner to supply a 35 foot triangular easement at the corner of Mississippi Street and East River Road for public landscaping and/or other urban design improvements prior to publication of rezoning ordinance; and (8) provide appropriate access and parking easements to acca update cemetery visitors. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Myor Nee declared the motion carried unanimously. NEW BUSINESS: Mayor Nee stated, at this time, the Council would consider Item 18 regarding bids for miscellaneous concrete curb, gutter and sidewalk for 1988. 1.8. MNSIDERATION OF RECEIVINU AND REJECTING THE BIDS FOR MISCELLANOUS CONCRETE CURB, GUTTER AND SIDEWALK - 1988: AND CONSIDERATION OF A RESOLUTION REORDERING AD`=ISEMENT FO /AIDS; REMOVAL AND REPLACENIS U OF NaSCELI.,AIECUS CONCRETE CURB, GUTTER AND SIDEWALK - 1988: Mr. Flora, Public Works Director, stated on March 2 bids were opened for the miscellaneous concrete curb, gutter and sidew contract for 1988. He stated the low bidder was J & O General Contract s for $32,954. He stated as was established in the specifications, the ty requested the low bidder to submit a list of references of prior expPo� ence in the area of concrete curb and gutter work. He stated J & O re5onded they had never done any concrete curb and gutter work. Mr. Flora stated as it is in the best interests of the City to employ contractors with experience in this work, it is requested the Council receive and reject the bids and authorize readvertising for this project. Mr. Thompson, owner of J & ,0 Contractors, stated he followed the specifications and his experience in the public bidding process is that the lowest bid is awarded. He stated the City looked at his calculations and the way the unit prices we're put together, however, he didn' t include his performance bond and the'City stated this was unethical so he would abide by the unit price totals., Mr. Thanpson stated he talked to Mr. Burch concerning the procedure and was referred to the,'specifications which he had already read and felt the City was "nitpicking. " He stated he worked in concrete for many, many years. He stated the way he worked years ago was not like today and you had to carry it in a w lbarro�v. He stated he did foundation work and sane street work and lai slabs. He stated he gave the City some references and talked to these f erences, after staff had contacted them, and was informed they gave him favorable response to the best of their ability. He stated he felt it wa out of order for the City to contact his bonding agent. He stated it -4- DECLARATION OF EASEMENT THIS DECLARATION made and declared this day of May, 1988 by CARL E. CHRISTENSEN and CAROL L. CHRISTENSEN, husband and wife (hereinafter "Declarants" ) . RECITALS FIRST: Declarants are the fee owners of the following described property situated in Anoka County, Minnesota, hereinafter referred to as the Easement Parcel, to-wit: Parcel 1• Lots 26 and 27 in Block 6, Fridley Park. Parcel 2: Lots 12 and 13, in Block 6, Fridley Park, except that part lying Northeasterly of the following described line: Beginning at a point on the Northwest line of said Lot 12, distant 111 .0 feet Southwesterly of the Northeast corner of said Lot 12, thence Southeasterly to a point on the Southeasterly line of said Lot 13, distant 110. 0 feet Southwesterly of the Southeast corner of said Lot 13 and there terminating, according to the plat thereof on file or of record in the office of the Register of Deeds of said Anoka County. Lots 28 and 29, Block 6, Fridley Park, except that part of Lots 28 and 29 described as follows: Beginning at the Northeast corner of said Lot 29 , thence Southwesterly along the Northwesterly line of said Lot 29 to a point on said Northwesterly line distant 178. 5 feet Southwesterly of the Northeast corner of Lot 12, Block 6 , Fridley Park , as measured along the Northwesterly line of said Lot 12 and the same as extended Southwesterly to the Northeast corner of said Lot 29, and the Northwesterly line of said Lot 29; thence Southeasterly parallel to the Northeasterly line of said Lot 29 to the Northeasterly line of said Lot 28, Block 6, Fridley Park; thence Northwesterly along the Northeasterly lines of said Lots 28 and 29 to the point of beginning. 1 SECOND: There is situated adjacent to the Easement Parcel a tract of land used and dedicated for private cemetery purposes, located in Anoka County, Minnesota, and hereinafter referred to as the "Cemetery Parcel" , to-wit: That part of Lots 28 and 29, Block 6, Fridley Park, described as follows : Beginning at the Northeast corner of said Lot 29, thence Southwesterly along the Northwesterly line of said Lot 29 to a point on said Northwesterly line distant 178. 5 feet Southwesterly of the Northeast corner of Lot 12, Block 6, Fridley Park, as measured along the Northwesterly line of said Lot 12 and the same as extended Southwesterly to the Northeast corner of said Lot 29, and the Northwesterly line of said Lot 29 ; thence Southeasterly parallel to the Northeasterly line of said Lot 29 to the Northeasterly line of said Lot 28, Block 6, Fridley Park; thence Northwesterly along the Northeasterly lines of said Lots 28 and 29 to the point of beginning. THIRD: The Easement Parcel is subject to an easement for access to the Cemetery Parcel, hereinafter referred to as the "Alternative Easement" which lies over and across the following described portion of the Easement Parcel: All that part of the Northwesterly 15 feet of Lot 29, Block 6, Fridley Park, lying Southwesterly of the following described line: Beginning at a point in the Northwesterly line of said Lot 29 distant 178. 5 feet Southwesterly of the Northeast corner of Lot 12, Block 6, Fridley Park, as measured along the Northwesterly line of Lot 12, Block 6, Fridley Park, and the same extended Southwesterly to the Northeast corner of said Lot 29, and the Northwesterly line of Lot 29; thence Southeasterly along a line parallel with the Northeasterly lines of said Lots 12 and 13, Block 6, Fridley Park, for a distance of 53 feet, and there terminating. FOURTH: The Cemetery Parcel is owned by the Michael Servetus Unitarian Society, a Minnesota corporation. FIFTH: Declarants wish to dedicate an easement over portions of the Easement Parcel for the purpose of creating an 2 easement for access to the Cemetery Parcel and common driveway purposes to supplement and replace the existing Alternative Easement. GRANT OF EASEMENT NOW, THEREFORE, the following perpetual easement is hereby declared to exist and shall run with and bind the Easement Parcel for the benefit of the Cemetery Parcel, together with all the rights, obligations and agreements contained herein. 1 . Grant and Location of Easement. An easement over and across those portions of the Easement Parcel which may now or hereafter constitute a contiguous parking lot or parking area both abutting upon the Cemetery Parcel and having access to the East River Road. 2. Duties of Declarants. Nothing herein shall impose upon Declarants a duty to set aside, install, dedicate or improve a parking lot or parking area which shall both abut upon the Cemetery Parcel and have access to the East River Road so as to afford access to the Cemetery Parcel. The rights created hereby shall be limited to the right to utilize such parking lot or area upon the Easement Parcel to obtain access to the Cemetery Parcel to the extent that, from time to time, the same shall exist upon the Easement Parcel . Nothing herein shall create a duty upon Declarants or their successors and assigns to set aside any reserved parking area for the use of the heirs of the decedents buried within the Cemetery Parcel or to improve or maintain such parking area subsequent to its original construction. 3 3. Termination of Easement. The easement created hereby shall terminate upon the occurrence of any of the following: a) At such time as the Cemetery Parcel shall cease to be used for the internment of human remains and all remains shall have been removed therefrom; or b) There shall cease to be a contiguous parking area upon the Easement Parcel having access to the East River Road and abutting upon the Cemetery Parcel so as to be useable for access thereto; or c) Declarants, their succcessors or assigns, shall file a Declaration of Termination of Easement terminating the easement created hereby, provided, that the Alternative Easement shall then be useable for pedestrian and vehicular ingress and egress to and from the Cemetery Parcel. 4. Common Use. The easement hereby created and dedicated shall be used in common for the use and benefit of both the Easement Parcel and the Cemetery Parcel and shall run with the land. Declarants, their successors and assigns, shall have the right to move curb cuts, parking islands, isles, lanes, curbing and to alter parking configurations upon the Easement Parcel at such times and in such fashion as Declarants, their successors and assigns, shall, in their sole discretion, determine. 5 . Reserved or Restricted Parking. Declarants, their successors and assigns, shall have the right to promulgate rules and regulations for the use of the parking areas upon the Easement Parcel and to designate exclusive or restricted parking areas, the use of which may be restricted solely to owners, tenants, guests and invitees of the Easement Parcel and from which the heirs of the decedents buried within the Cemetery 4 s Parcel may be excluded. The size and configuration of such restricted parking area may be altered, moved or expanded from time to time by Declarants, their succcessors and assigns, without notice or consent from any party. CARL E,/ CHR EN E ` R L HRISTENSEN STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of May, 1988 by Carl E. Christensen and Carol L . Christensen, husband and wife. Notary Public THIS INSTRUMENT WAS DRAFTED BY: PETERSON, FRANKE & RIACH (GAB) Professional Association 300 Midwest Federal Building St. Paul, Minnesota 55101 ( 612 ) 291-8955 5 CITY COUNCIL ACTION TAKEN NOTICE Carl E. Christensen Aril 26 1988 P � 6501 East River Road N.E. Fridley, MN 55432 On April 18, 1988 the Fridley City Council ofticially approved your request for a Rezoning, ZOA #87-01, to rezone from R-3, General Multiple, to C-2, General Business, on Lots 23 and 24, together with half vacated alley, Block 6, Fridley Park, the same being 6501 East River Road N.E. with the following stipulation: 1. Petitioner to submit for staff approval a storm drainage plan by April 13, 1987. City Council approval contingent upon staft and R. C.W.D. approval of plan (under review) . 2. Petitioner to submit a landscape plan which is consistent with existing landscape elements. All landscaping to have automatic sprinkling. 3. Building facade to be consistent with design and materials of existing structure. East side of existing and proposed building to be painted to match stucco. 4. Lots 21 through 29 to be combined into one tax parcel prior to building permit. 5. New fencing on easterly lot line to have finished side toward residences; existing fencing to have new boards added to residence side. 6. Petitioner to supply a seven foot easement all along East River Road for the purposes of snow storage and signage placement prior to publication of rezoning ordinance. 7. Petitioner to supply a 35 foot triangular easement at the corner of Mississippi Street and East River Road for public landscaping and/or other urban design improvements prior to publication of rezoning ordinance. 8. Provide appropriate access and parking easements to accomodate cemetary visitors. If you have any further questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, James L. Robinson Planning Coordinator Please review the noted stipulation, sign the statement below and return one copy to the City of Fridley Planning Department by May 10, 1988. Concur with action taken 0 STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a Rezoning, ZOA 487-01 REZONING Christensen Auto Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 18th day of April , 19 88 on a petition for rezoning pursuant to the City of Fridley's Zoning Ordinance, for the following described property: Rezone from R-3, General Multiple Dwelling, to C-2, General Business, on Lots 23 and 24 together with half vacated alley, Block 6, Fridley Park according to the plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota, the same being 6501 East River Road N.E. IT IS ORDERED that rezoning be granted as upon the following conditions or reasons: See City Council minutes of April 18, 1988 - 8 stipulations. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Shirley A. Haapala, City Clerk for the City of Fridley with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting rezoning with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the / _ day of 9 . DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 / �• l SHIRLEY A. H APALA, CITY CLERK' .. 5 4 FR.IDLEY CITY COUNCALING OF APRIL 18, 1988 notice and open the public hearing. Seconded by Councilwoman Jorgenson Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 9:15 p.m. Mr. Robertson, Community Development Director, stated the ,Planning Commission reviewed this request in January and supported this vtation. He stated at the time this request was submitted to the Councjl, there was concern if there would be confusion over a change in the prvice road so barriers were set up to test the traffic pattern. He st,5,ed the City has received no coirments or complaints since these barriers were established on s. Ms. Gibson., 1255 66th Avenue, stated the reason has not ocYnplained about the road being blocked was because she t reught it was a temporary inconvenience due to the renovation of the wood Plaza Shopping area. She stated she had no idea it was being blocked to determine if it was being used or if people would conTplain about 's loss. NL. Gibson felt if people were aware of why it was being blocked n the first place, probably the City would have received more complaints, Councilwoman Jorgenson stated a are some planned improvements for the intersection and the median wo d be closed. Ms. Gibson was asked her eelings as far as vacation of the road. She stated it would not be big deal, however, she just wanted to comment that people were not aware the true purpose for which it was blocked. Mr. Flora, Public orks Director, stated that if the Council supports the recommendations of the Planning Ccumission with the four stipulations, the Council shal also indentify this property as excess to the City's needs and provide fo the transfer to the Shorewood Plaza Partnership. DTION Councilman Schneider to close the public hearing. Seconded by Cou ilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee ared the motion carried unanimously and the public hearing closed at :22 p.m. OLD BUSINESS: 3• ORDINANCE NO. 903 APPROVING A REZONING, ZOA #87-01, TO REZONE FROM R-3, C=RAL MULTIPLE, TO C-2, ORAL BUSINESS, ON LOT'S 23 AND 24 TOGETHER WITH HALF VA=D ALLEY, BLOCY 6, FRIDLEY PARK, THE SAME BEING 6501 EAST RIVER ROAD N.E. , BY CHRISTENSEN AUTO: M TION by Councilman Fitzpatrick to waive the second reading and adopt Ordinance No. 903 on second reading and order publication with the following stipulations: (1) petitioner to submit for staff approval a storm drainage plan by April 13, 1987. City Council approval contingent upon staff and Rice Creek Watershed District approval of plan (under review) ; (2 ) petitioner to submit a landscape plan which is consistent with existing landscape elements. All landscaping to have automatic sprinkling; (3) building facade to be consistent with design and materials of existing -3- FRIDLEY CI'T'Y ODUNCIL MEE'T'ING OF APRIL 18, 1988 structure. East side of existing and proposed building to be painted to match stucco; (4) lots 21 through 29 to be combined into one tax parcel prior to building permit; (5) new fencing on easterly lot line to have finished side toward residences; existing fencing to have new boards added to residence side; (6) petitioner to supply a seven foot easement all along East River Road for the purposes of snow storage and signage placement prior to publication of rezoning ordinance; (7) petitioner to supply a 35 foot triangular easement at the corner of Mississippi Street and East River Road for public landscaping and/or other urban design improvements prior to publication of rezoning ordinance; and (8) provide appropriate access and parking easements to accommodate cemetery visitors. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: Mayor Nee stated, at this time, the Council would consider Item 18 /NCRETE bids for miscellaneous concrete curb, gutter and sidewalk for 1988. 18. CDNSIDERATION OF RECEIVIM AND REJECTING THE BIDS FOR MISCEL.LANOUS CLM, GOITER AND SIDEWALK - 1988: AND CC)NSIDERATION OF A RESOLUTION REORDERING ADVERTISEMENT FOR BIS; AND REFLA=ENTT' OF MISCELLANEOUS QANCp= CURB, GUTTER AND SI - 1988: Mr. Flora, Public Works Director, stated on March 23 ids were opened for the miscellaneous concrete curb, gutter and sidewal contract for 1988. He stated the low bidder was J & 0 General Contracto for $32,954. He stated as was established in the specifications, the C' requested the low bidder to submit a list of references of prior exper' nce in the area of concrete curb and autter work. He stated J & 0 res nded they had never done any concrete curb and gutter work. Mr. Fl ra stated as it is in the best interests of the City to employ contrac rs with experience in this work, it is requested the Council receive d reject the bids and authorize readvertising for this project. Mr. Thompson, owner of J & Contractors, stated he followed the specifications and his experi e in the public bidding process is that the lowest bid is awarded. He ated the City looked at his calculations and the way the unit prices w e put together, however, he didn' t include his performance bond and th City stated this was unethical so he would abide by the unit price totals Mr. Thompson stat he talked to Mx. Burch concerning the procedure and was referred to th specifications which he had already read and felt the City was "nitpick' g. " He stated he worked in concrete for many, many years. He stated the y he worked years ago was not like today and you had to carry it in a !barrow. He stated he did f oundation work and same street work and la' slabs. He stated he gave the City some references and talked to the references, after staff had contacted them, and was informed they gave r' a favorable response to the best of their ability. He stated he felt it s out of order for the City to contact his bonding agent. He stated it -4- y 808641 Nurnerical J Grantor Grantee R;=corded t _- • Ci?ecked `Vf rbin fr. index OFFICE OF COU-R7 Y RECORDER ' STATE OF d INPEsoiA,SOi NTY OF ANOKA I hereby c rts{y that the Within instru- ment e'>as ti;ece intt s oiisce for racord on the MAY 2 Q MB du,'y recorded C�r_nry;record By .s✓ Deputy City of Fridley 6431 University Ave. NE Fridley, MN 55432 Dept: Community Development